This website (Site) is owned and operated by Herbier (ABN 98 711 086 802). Throughout the Site, the terms 'we', 'us', or 'our', refer to Herbier.

This page, and any documents referred to in it, governs the terms of use (Terms of Service) under which you may make use of the Site.

The term 'you' refers to the person or organisation accessing or using, or relying upon the Site.

Please read these terms of use carefully before you start to use the Site.

By using, browsing or accessing the Site (including purchasing any products), you indicate that you have read, understood and accept these terms of use, together with our Privacy Policy, and agree to abide by them.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

If you have any questions in relation to the Site, please contact us by email at bonjour@herbier.com.au.

If you do not agree to these Terms, you should not access or otherwise use the Site and the products offered on, or via, the Site.

The Site and Store is hosted by Shopify Inc, who provide the online e-commerce platform that allows us to sell our products and services to you.

We will not be liable if the Site is unavailable (wholly or partly), for any reason, at any time or for any period.

Access to the Site is permitted on a temporary basis. We reserve the right to withdraw or amend the products and content we provide on the Site without notice.

From time to time, we may restrict access to some parts of the Site (wholly or partly).

You are responsible for:

(i) making all arrangements necessary for you to have access to the Site;
(ii) for ensuring that all persons who access the Site through your internet connection, mobile device, or otherwise are aware of these Terms, and that they comply with them.

When accessing and using the Site, you must not:

(i) attempt to undermine the security or integrity of:

(a) our computing systems or networks;
(b) a third party's computing systems and networks where the Site is hosted by a third party;

(ii) use, or misuse, the Site in any way which may impair:

(a) the functionality of the Site, or other systems used in the course of delivering the Site;
(b) the ability of any other user to use the Site;

(iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access, or to the computer system on which the Site is hosted;
(iv) transmit, download or input into the Site, any files that may damage any other person’s computing devices or software, content that may be offensive or material or data in violation of any law; or
(v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer, any computer programs used to deliver the Site.

The Site allows users to purchase our products, including the range of body oils and facial serums.

The Site may also provide you with access to, and use of, third party content (Third Party Content). No third party products or services are directly sold by us through the Site.

We do not recommend or endorse any:

(i) products;
(ii) services; or
(iii) Third Party Content;

appearing on or via the Site or our social media pages, or any websites linked to the profiles of third party providers (Third Party Providers).

We disclaim all liability and responsibility arising from any reliance placed on such products, services and Third Party Content (and any products and services provided from or via the Third Party Content) by:

(i) any visitor to the Site or our social media pages, or any websites linked to the profiles of Third Party Providers; or
(ii) anyone who may be informed of any of its contents,

and we make no representations or warranties that use of any of the foregoing will not infringe intellectual property rights of any third parties.

The Third Party Providers (and their advertisers) and users of the Site are responsible for the accuracy of all representations made in any Third Party Content advertised, displayed or listed on, or via, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.

We may, but are under no obligation to, monitor the Third Party Content. To the extent permitted by law, we do not:

(i) warrant that the products or Third Party Content displayed, listed or offered on, or via the Site, our social media pages, or any websites linked to the profiles of Third Party Providers, are accurate, complete, reliable, current or error-free; or
(ii) make warranties about the standard or quality of any of the products, services, Third Party Content offered or displayed on, or via the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.

You agree to make your own enquiries to verify information displayed on, or via, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers and to assess the suitability of products or services before you purchase.

You accept the risk of purchasing products advertised, displayed, or listed by a Third Party Provider or user of the Site on, or via, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.
(i) Any opinions, warranties, representations, advice, statements, products, offers, Third Party Content or other information, displayed, advertised, listed or made available by a Third Party Provider or users of the Site are those of the respective author, advertiser or distributor, and not us.
(j) We reserve the right to modify or remove any Third Party Content at any time, but we are under no obligation to do so.

You do not need to register or login to the Site in order to view the content and information on the Site, including Third Party Content.

If you wish to offer, dispose of, discard, receive or exchange products on, or via, the Site you must create an account with us (Account) on the Site.

Your Account will be operated by an email address and password (Password). You may change or reset your Password by selecting the ‘Forgot Password' link in the sign-up process, or inside your Dashboard settings once logged into the site.

You, as the owner of the Account, are solely responsible for the activity conducted on the Account. At any time, we may request that you provide identification to verify your identity.

In relation to your Account, you undertake that you will:

(i) not disclose your Password to any third party;
(ii) take reasonable measures to prevent disclosure of your Password to any third party. You are liable for all use of the Site using your Account or Password. Please notify us immediately if:

(a) you become aware that your Account or Password is being used without authorisation; or
(b) there is any other security breach relating to your Account or Password;

(iii) provide only accurate and complete registration information, and you will update that information if it changes in order to keep it current, complete and accurate;
(iv) create only one account on the Site, and you will remain responsible for anything that happens through your Account; and
(v) not impersonate another account holder or provide false identity information to gain access to or use the Site.

All orders placed via this Site are subject to confirmation and acceptance by us.

If you purchase any products via this Site, you must agree to Herier's Terms of Trade (see Shipping and Shopping).

Our prices are in Australian dollars (AUD).

We reserve the right to amend any of our prices from time to time without notice.

We reserve the right to refuse any order. In such case, we will notify you as soon as reasonably practicable and refund to you any payment in full.

All products ordered are for personal use and gifting only. They must not be resold in any form or any place; Herbier reserves the right to take legal action against unauthorised and unofficial sale of goods.

We accept payments via Pay Pal check out, or credit card. PayPal may be used for customers who sign in to our Site.

The title of the goods supplied does not pass to you until we have received the full amount from you.

After you have placed your order and your payment has been processed by us, we will email you a copy of your receipt as confirmation.

When your order is shipped you will be sent an email confirmation which will include an order number that can be used when enquiring about your order.

If you have not received a confirmation email within 24 hours of placing your order, please contact us at bonjour@herbier.com.au.

Products purchased from our Site are processed between Monday and Friday (excluding public holidays in Victoria).

We endeavour to process your orders within 24 hours after we receive them.

Our products are shipped to you via our preferred carrier, who is currently Australia Post (Carrier) and any attempt to cancel an order must be made as soon as possible.

Cancellations may be requested via email at bonjour@herbier.com.au.

If you attempt to cancel an order after it has been despatched, you will have to pay the shipping and handling charges on the package back from you.

If we are unable to fulfil, your order, we will contact you and provide you with an option to select substitute product(s).

If we are unable to offer you a substitute product, we will issue a refund or credit to the value of your original purchase. Please refer to our Returns Policy  for more information.

If products are:

(i) missing from your order or your order is marked as delivered but has not yet arrived; or
(ii) found to be damaged or broken upon receipt, please contact us immediately at bonjour@herbier.com.au. We will review the order details and, subject to this review, provide you with either:

(a) a replacement product, if the order was incorrectly packaged by us; or
(b) advise you to contact our carrier, if the package/product went missing in transit.

If you purchased your product from a store, then please take it back to the place of purchase for assistance in relation to your purchase and a request for replacement, exchange or refund as appropriate.

Where an order is to be delivered to an overseas address, you may need to pay customs charges applicable to your country. Herbier provides no advice on what these charges may be and you will be responsible for contacting your customs department for further information.

Please refer to our Returns and Shipping Policy for more information.

Any personal information provided by you is processed by us in accordance with our Privacy Policy.

By using the Site and providing any such personal information, you:

(i) consent to such processing; and
(ii) warrant on a continuing basis that all information provided is true and accurate.

We may, but are under no obligation to, update the Site (wholly or partly) at any time. If the need arises, we may suspend or cease access to the Site, our social media pages or any websites linked to the profiles of Third Party Providers.

Any of the content or information provided on, or via the Site, our social media pages, or any websites linked to the profiles of Third Party Providers may be out of date at any given time, and we are under no obligation to update it, unless required to do so by law.

You must comply with our policies and guidelines as applying from time to time.

The Site or any Third Party Content may link to other websites, services, products or resources and they may contain links to the Site. In this regard:

(i) they are not under our control and are not maintained by us;
(ii) we are not responsible for them, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else);
(iii) we only provide such links for your information and convenience;
(iv) we do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).

Your linking to or from these sites, or use of, or reliance on, such websites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites or third party suppliers that you visit or transact with.

You may link to our homepage, provided you obtain our prior written consent. You can request our consent by sending us an email at bonjour@herbier.com.au. 

Your links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Site must not be framed on any other site, and you may not create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.

The following aspects of the Site and our social media pages are protected by copyright, trade mark and other intellectual property laws: information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features (collectively, IP Content).

Without limiting the foregoing, we are the owner or the licensee of all intellectual property rights on the Site, the IP Content and the Third Party Content.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by visitors, users or third parties are those of the respective author, distributor or advertiser, and not us.

You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Site, or any of our social media pages, for commercial purposes without obtaining an express licence to do so from us or our licensors.

If you print off, copy or download any part of the Site or any of our social media pages in breach of these Terms:

(i) your right to use the Site and our social media pages will cease immediately; and
(ii) you must, at our discretion, return or destroy any copies of the materials you have made.

The IP Content or Third Party Content displayed on or via the Site, our social media pages, any websites linked to the profiles of Third Party Providers or any other links in relation to the products or services contained therein are provided ’as is’ and without any guarantees, conditions or warranties as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose.

It is your responsibility to determine that the Site:

(i) meets your personal needs; and
(ii) is suitable for the purposes for which it is used.

To the extent permitted by law, we, and our directors, officers, affiliates, employees, partners and representatives, exclude:

(i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(ii) any liability to you or any third person however arising (and whether arising under statute, in tort (for negligence or otherwise), breach of contract or otherwise, even if foreseeable) for:

(a) any loss of or damage to any property belonging to you or any third person, or personal injury or death to you or any third person;
(b) special, indirect or consequential loss or damage; or
(c) loss of income, revenue or profits, loss or interruption of business, loss of contracts, loss of anticipated savings, loss or corruption of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time, loss of opportunity or expectation loss, loss of production and for any other loss or damage of any kind, in any way connected with the Site, the products, or in connection with the use, inability to use, or results of the use of the Site, any social medial pages and websites linked to it and any IP Content and Third Party Content posted on, or via, the Site (or on, or via, our social media pages or any websites linked to the profiles of Third Party Providers).

Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions, or impose obligations on the supply of goods through or by means of the Site which cannot be excluded, restricted or modified except to a limited extent.

If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited, and if any liability remains it will be limited to the replacement or repair of the products, or the supply of equivalent products, or the payment of the cost of repairing or replacing the products or supplying equivalent products.

Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed $500.

OR

Where conditions and warranties implied by law cannot be excluded, Herbier limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.

You agree to indemnify us, and our directors, officers, affiliates, employees, partners and representatives, from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, as a result of, or which is directly or indirectly related to:

(i) the use of the Site, our social media pages or any websites linked to the profiles of Third Party Providers or any other products or services accessed via, or associated with, the Site (or our social media pages or any websites linked to the profiles of Third Party Providers);
(ii) a breach of these Terms; or
(iii) an infringement of any rights of another, including privacy rights and intellectual property rights.

You acknowledge that we have no obligation to provide you with customer support of any kind.

However, we may provide you with customer support from time to time, at our discretion, provided you submit your enquiries to bonjour@herbier.com.au.

You must not misuse the Site by knowingly introducing viruses, trojans, malware or other material, which is malicious or technologically harmful.

You must not gain, or attempt to gain, unauthorised access to:

(i) the Site;
(ii) the server on which the Site is stored; or
(iii) any server, computer or database connected to the Site.

We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site or your downloading of any material or content posted on it, or on any website linked to it.

We recommend that all Internet users ensure they have up to date virus checking software installed.

You agree that we may, at any time and at our discretion, with or without cause or any notice to you, terminate, suspend or block your access to:

(i) any Account or Password (whether chosen by you or allocated by us);
(ii) the Site (or our social media pages or any websites linked to the profiles of Third Party Providers); and
(iii) any products offered on, or via the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.

Cause for such suspension or termination shall include:

(i) breaches or violations of these Terms, our policies and guidelines (including our Privacy Policy), and any other agreements entered into between the parties;
(ii) requests by a court or law enforcement or other government agency;
(iii) discontinuance of the Site or any websites linked to the Site (or any part thereof); or
(iv) unexpected technical or security issues or problems.

You agree that all such suspensions or terminations shall be made at our discretion, and that we shall not be liable to you or any third party for any such suspension or termination.

We shall not be responsible for any delay, suspension or failure to provide the Site (or any websites linked to the Site) arising out of a Force Majeure Event.

Force Majeure Event means an event or circumstance:

(i) that is beyond the reasonable control of a party;
(ii) which that party is not reasonably able to prevent or overcome; and
(iii) which prevents that party from performing a material obligation under these Terms, including, subject to satisfaction of the foregoing:

(a) extreme weather events, fire, flood, explosion or natural disaster;
(b) acts of war, riots, terrorism or vandalism;
(c) failure or shortage of supplies, equipment, materials or essential utility;
(d) pandemic, epidemic or other widespread threat to human health (including an outbreak or recurrence);
(e) computer hacking, internet interruption or virus or malicious damage;
(f) strike, embargo or industrial disturbance;
(g) a change in applicable law.

A failure by us to:

(i) insist upon strict performance of your obligations under these Terms; or
(ii) exercise any of the rights and remedies we are entitled to under these Terms,

at any time, will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.

If we waive a default, this does not constitute a waiver of any subsequent defaults.

No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.

If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will be severed from the remaining terms to the extent of the invalidity, unlawfulness or unenforceability.

The rest of these Terms will continue to be valid, lawful and enforceable.

These Terms, our Privacy Policy, and any documents referred to in them, constitute the entire agreement between the parties, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements, between the parties relating to the subject matter.

Each party acknowledges that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

We may assign or sublicense any of our rights or obligations under these Terms at any time without obtaining your consent.

We reserve the right, in our discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time.

Notification of the changes to these Terms will be posted on the Site. The changes will be effective immediately, unless expressed otherwise.

It is your responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site. Your continued use of the Site will be deemed as your acceptance thereof.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship, is intended or created between you and us by these Terms.

These Terms are governed by the laws of the State of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, Herbier does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, Herbier does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.

In addition, to the fullest extent permitted by law, Herbier does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. Herbier accepts no liability arising from your access to this website.

Herbier's credit card transactions are fulfilled by a banking institution authorised under the laws applicable to this website. When collecting credit card information for online purchases, we offer secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and then removed from our system once your order has been dispatched.

Although we engage all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account.

You will need to register to use certain parts of this website. When registering, you will be required to nominate a username and password. You must keep this username and password safe and must not disclose this information to any third party. If you become aware of unauthorised use of your account, please notify us immediately.

The information contained within this document relates to the Herbier online store.

Please read these Terms of Trade carefully as they contain important information including warranty disclaimers and limitations of liability.

Definitions and Application

In these Terms of Trade, 'Herbier' means Herbier (ABN 98 711 086 802), 'you' means the organisation or individual who is ordering product on the website, and the 'products' means the Herbier products which may be ordered on the website.

These Terms of Trade apply to any purchase of any products by you from this website which are delivered in Australia or Internationally.

Shipping costs and deliveries

We aim to deliver 'products' to you at the place of delivery requested by you, within the time indicated by us at the time of your order, but we can’t guarantee firm delivery dates or times. Delivery options are set out here, although such delivery estimate information is indicative only.

No Warranty

Subject to the following clauses and to the fullest extent permitted by law, Herbier gives no warranty in respect of the products.

For consumers the products come with non-excludable warranties and guarantees under consumer protection legislation, such as that Herbier is the rightful owner, the products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If Herbier breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a replacement of the relevant products, and to compensate for any reasonable foreseeable loss.